Swanke v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

The Commissioner of Public Safety appeals from the trial court’s order rescinding the revocation of respondent Michael Swanke’s driver’s license. Swanke did not file a brief in this matter, and therefore we proceed pursuant to Minn.R.Civ.App.P. 142.03. We reverse and remand.

FACTS

On May 4, 1985, at approximately 1:00 a.m., Trooper Floyd Hanson of the Minnesota State Patrol observed Swanke’s vehicle weaving onto the fog line and shoulder while Swanke was traveling southbound on Interstate 35W near Diamond Lake Road. Hanson stopped the vehicle near Lyndale Avenue and…